As he was awarding a personal injury compensation of €18,500 to a personal fitness trainer, Judge Justice Brian O’Callaghan commended the plaintiff for continuing to share workout videos of himself on social media platforms despite suffering injuries in an injury involving a taxi in the Aldi car park in Ennis on June 11, 2017.
Kris Flynn was awarded the compensation for injuries he sustained to his back, neck and shoulder in the incident that occurred when the taxi driver drove at him. Judge O’Callaghan told Ennis District Court that it was too Mr Flynn’s credit that he continued to promote his business in the aftermath of the accident.
The court was informed that the defendant, taxi driver Michael Maher, had contracted a private investigator employed by the taxi-driver had been able to put together a showreel of Mr Flynn working out at a gym lifting various weights to the court. This was presented to the court by Mr Maher’s insurers.
These video has initially been shown on social media platform and counsel for the defence, Donal O’Rourke BL, advised the judge that these videos cast doubts over the credibility of Mr Flynn. Responding to these accusation Mr Flynn informed the judge that videos in question were filmed before the road traffic accident occurred.
While liability in the case had been admitted, the defendant’s legal team requested that Judge O’Callaghan assess the scale of damages to be awarded to Mr Flynn.
Referring to the videos that were provided to the court, Judge O’Callaghan said there was nothing to suggest that Mr Flynn was concealing anything from the Court. He said The the videos were advertising and didn’t contradict Mr Flynn’s claims. He commented: “Mr Flynn is to be complimented for continuing at his work despite his injuries”.
Referring to the testimony provided to the court by two different doctors. the Judge said that they did so with the knowledge that he had returned to the the gym. Both medical professionals stated that Mr Flynn suffered symptoms to his shoulder/neck complaint and had a traction type injury to his shoulder.
The accident occurred when Mr Maher’s taxi drove towards Mr Flynnat speed in the Aldi car park in Ennis and carried him on the bonnet for 10 metres. Justice O’Callaghan said that these events were “nothing short of disgraceful”.
Mr Maher fled the scene of the accident. However, Mr Flynn recorded his vehicle registration plate after on his mobile phone.
Speaking after the Judge’s ruling, Mr Flynn said: “To exercise it really was the best pain management I could find. I had initially gone to my GP a few days after the incident. (At one stage) my own legal team contacted me saying that the insurance company was aware that I’ve been posting exercise videos and it would probably be better to set everything to private. I disagreed and said I’ve been honest about exercising and also I’m a self employed single father and need to advertise my business.
He added: “I believe honesty is the best policy and I turned down an offer (before court) that would have barely covered my legal costs and opted to go before the judge. I’ve been extremely active my entire life and I’m also educated in the area and was very comfortable with what I can and can’t do. At the second follow-up with my GP he said my level of activity most likely prevented me getting injured worse in the incident.”